Navigation (Manning) Regulations (Repeal) 1991 No. 334
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 334
Issued by the authority of the Minister for Shipping and Aviation Support
Navigation Act 1912
Navigation (Manning) Regulations (Repeal)
Section 425 of the Navigation Act 1912 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Prior to the enactment of the Australian Maritime Safety Authority Act 1990 (the AMSA Act), subsection 14(1) of the Act authorised the Minister by order to make provision for the number and qualification of crew members of ships, and required him or her in doing so to take account of principles prescribed by regulations for the purposes of the subsection. The previous Navigation (Manning) Regulations set up a system of manning committees to advise the Minister on the making of orders under subsection 14(1), and also required the supply of copies of plans of ships for the purpose of enabling the Minister to make orders.
The AMSA Act amended subsection 14(1) to confer the ordermaking power on the Australian Maritime Safety Authority (the Authority), repealed the former subsections 14(2) and (3), and inserted a new subsection 14(3) directing the Authority not to exercise its powers under subsection 14(1) except to the extent that it appeared to the Authority to be necessary to do so in the interests of safety or the protection of the marine environment. Consequently, the previous regulations setting up the system of manning committees, and requiring the supply of plans of ships, are no longer necessary and have been repealed.
The repeal came into force on the day of Gazettal. (S.R. 480/90)
Overview
The Navigation (Manning) Regulations (Repeal) 1991 No. 334 is a statutory rule that repeals the previous manning regulations under the Navigation Act 1912. This repeal was enacted to address the redundancy of the former manning regulations following the introduction of the Australian Maritime Safety Authority Act 1990, which transferred the power to make orders regarding the number and qualification of crew members from the Minister to the Australian Maritime Safety Authority. The objective is to streamline and modernise the regulatory framework, ensuring that the new provisions align with contemporary safety and environmental standards. This repeal was issued under the authority of the Minister for Shipping and Aviation Support and took effect on the day of its gazette.
Scope and Application
The Navigation (Manning) Regulations (Repeal) 1991 No. 334 serves to repeal previous regulations concerning the manning of ships under the Navigation Act 1912. This legislative change applies to the persons and entities involved in the manning and operation of ships, specifically impacting the shipping industry. The repeal is significant as it removes the necessity for manning committees and the supply of ship plans, which were previously required for the Minister to make orders regarding crew numbers and qualifications. This repeal was necessitated by amendments under the Australian Maritime Safety Authority Act 1990, which transferred the power to make such orders to the Australian Maritime Safety Authority, now directing this power to be exercised solely in the interests of safety or the protection of the marine environment. The repeal was enacted upon gazette and effectively removes the redundant regulatory requirements previously set forth by the Navigation (Manning) Regulations.
Key Provisions
The main operative sections of the Navigation (Manning) Regulations (Repeal) 1991 No. 334 relate to the repeal of the previous Navigation (Manning) Regulations under the Navigation Act 1912 (the Act) (s. 1). This repeal was necessitated by the amendments introduced by the Australian Maritime Safety Authority Act 1990 (the AMSA Act), which shifted the responsibility for making regulations regarding the number and qualification of crew members from the Minister to the Australian Maritime Safety Authority (the Authority) (s. 2). The new regulations under the AMSA Act focus on safety and the protection of the marine environment, rendering the previous manning committees and the requirement to supply ship plans obsolete (s. 3). The repeal of these regulations took effect on the day of their gazette, which was 16 August 1991 (S.R. 480/90).
The Navigation (Manning) Regulations (Repeal) 1991 No. 334 impose specific obligations on the entities governed by the Act. The repeal of the previous manning regulations means that the Authority now has the sole responsibility for determining the manning requirements for ships, ensuring that these decisions are made with a primary focus on safety and environmental protection (s. 2). The Authority must consider these factors when exercising its powers under the amended subsection 14(1) of the Act, reflecting a shift in regulatory oversight and focus (s. 3). This change underscores the importance of the Authority's role in maintaining maritime safety standards and environmental protection within Australian waters.
Any breaches of the provisions set out in the Navigation (Manning) Regulations (Repeal) 1991 No. 334 could result in civil or criminal consequences, depending on the nature and severity of the offence. While the specific offences, penalties, and consequences are not detailed within the repeal regulations themselves, the overarching framework established by the AMSA Act and the Navigation Act 1912 would apply. For instance, under the AMSA Act, serious breaches related to safety and environmental protection could result in substantial fines and even imprisonment. The maximum penalties for such offences would be determined by the specific provisions of the AMSA Act and any other relevant legislation, reflecting the seriousness of ensuring maritime safety and environmental preservation.